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(영문) 대구지방법원서부지원 2020.09.03 2019고단3670
배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2017, the Defendant purchased a factory building, land, and machinery located in the Industrial Bank of Korea (U.S.) Pacific-gun (U.S.) from C at the Industrial Bank of Pacific-gun (U.S.), and completed a contract for establishing a collateral security with the Industrial Bank of Korea, the Industrial Bank of Korea, the maximum debt amount of which is KRW 490,80,000,000, and the registration of change of the right to collateral security that changes the debtor to the Defendant.

Nevertheless, the Defendant received and sold KRW 15 million to the scrap metal business entity whose name three of the 66 million won LVer Uncoer & NC Roder’s three of the appraisals, which was set up by collateral security to the victim company, on the water surface where the address is unknown on March 2018.

Accordingly, the defendant concealed the machinery that was the object of the rights of the victim company and interfered with the rights of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of statement made by the police with D, a statement to establish the right to collateral security contract, a statement of appraisal of machinery, tools and structures, a full certificate of registered matters, a credit transaction agreement, a change of the right to collateral security, a written contract

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order prevents the exercise of the right to collateral security by selling three machinery with the establishment of the right to collateral security to the injured party without the consent of the injured party company. The fact that the crime is not good is disadvantageous.

However, the defendant confessions the crime of this case and repents the wrong facts, and the proceeds of the sale of machinery seems to have been used for the payment of personnel expenses to employees, and the defendant has no record of punishment for the same kind of crime, and the age, character, conduct and behavior of the defendant.

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